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OTGB won summary judgment for our client in the Estate of Clarence Hardy matter filed in McLean County, Illinois. Plaintiff alleged his mesothelioma was caused by exposure to our client’s products while employed at the Puget Sound Naval Shipyard. Plaintiff elicited testimony from a co-worker that identified our client on board several ships that were allegedly in the shipyard. OTGB presented evidence that the co-worker was factually incorrect. The evidence included that the co-worker was in fact not at the shipyard at the same time as Plaintiff and that the ships identified were not at the shipyard during the time frame the co-worker testified to being there.

Plaintiff argued it was a question of fact for the jury to decide. Judge Rebecca Foley disagreed and ruled with OTGB’s position that there was lack of product identification and granted summary judgment.

After nearly two weeks of trial, the jury in the ANDREW KOCHERA case returned a defense verdict for O’Connell, Tivin, Griffin & Burns, LLC.’s client in Federal court.

Congratulations to Daniel Griffin, Sean Fergus and Simon Purnell of OTGB who successfully defended our client. Mr. Kochera claimed to have developed asbestosis from his work with our client’s insulation, cement and packings while in the U.S. Navy and aboard the USS Franklin D. Roosevelt in the 1950s. His work included installation and removal of packing, mixing cement, applying insulation and sweeping up asbestos containing debris. Plaintiff asked the jury to award $5 million in compensatory damages and $10 million in punitive damages. The jury of 8 deliberated for less than two hours and found our client not liable.

The case was tried before Honorable Staci M. Yandle in the United States District Court for the Southern District of Illinois located in Benton, Illinois. Mr. Kochera’s case was originally filed in Madison County, Illinois but was removed to Federal court by a co-defendant. Our client was the only defendant remaining in the case at the time of trial.

Plaintiffs called Dr. Rosner, Dr. Vuskovich and Jerome Spear, CIH as expert witnesses in their case.

Our client called Dr. Crapo, Dr. Madl and Captain McCloskey.

Plaintiff was represented by Ben Vinson, Jr. of the Vinson Law Firm in Tampa, Florida and Clay Zelbst of the Sloan, Bagley, Hatcher & Perry Firm in Longview, Texas.